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Compulsory acquisition of land: A brief legislative and statistical overview

Compulsory acquisition of land: A brief legislative and statistical overview

Advice on legislation or legal policy issues contained in this paper is provided for use in parliamentary debate and for related parliamentary purposes. This paper is not professional legal opinion.
e-brief 06/2016 by Tom Gotsis

NSW has a pressing need for additional infrastructure. Projects such as WestConnex, NorthConnex, the light rail and Sydney Metro are being constructed to meet that need. In the process, they have become focal points of compulsory acquisition.

Concerns have been raised about whether the compulsory acquisition process is being conducted in a fair manner and whether home owners are being adequately compensated for the market value of their homes. In order to inform consideration of these issues, this paper discusses the legal basis for compulsory acquisitions in NSW and presents a range of data relating to compulsory acquisition, including the outcome of court cases where market value has been in dispute.

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The Parliament of New South Wales acknowledges and respects the traditional lands of all Aboriginal people, and pays respects to all Elders past and present. We acknowledge the Gadigal people as the traditional custodians of the land on which the Parliament of New South Wales stands.